‘The Shadow Docket’ Review: Discretionary Matters |
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‘The Shadow Docket’ Review: Discretionary Matters
By Adam J. WhiteMay 10, 2023 6:03 pm ET Photo: Tom Williams/Zuma Press‘Justice too long delayed,” Martin Luther King Jr. famously wrote, “is justice denied.” The point is doubly challenging: first comes the principled question of justice, and then the prudential question of timing. How long is “too long” for justice when it comes to the judicial system? Lawsuits can last for years, so at the outset a party may ask the judge for a preliminary injunction, simply to govern their rights and duties temporarily, until the issues are fully resolved. In the Supreme Court, requests for preliminary rulings are even more fraught, because the process for granting a “stay” or “injunction pending appeal” is much less laborious than the rounds of briefing and argument that generally precede the Court’s final decisions. Yet while final decisions get lengthy opinions, interim orders get little or none. This judicial “fast track” stirs questions: Why is the Court intervening so soon, so quickly, and with so little explanation? The Supreme Court’s latest debates over interim relief—especially in Covid-era cases bringing First Amendment challenges to governors’ orders restricting church attendance—attracted unprecedented attention. What's News PacWest Stock Sinks 23% After Disclosing Fresh Outflow58 mins ago  Disney Stock Tumbles as Streaming Losses Spook Investors40 mins ago  Twitter Has Appointed a New CEO, Elon Musk Says14 mins ago What's NewsPacWest Stock Sinks 23% After Disclosing Fresh Outflow58 mins ago Disney Stock Tumbles as Streaming Losses Spook Investors40 mins ago Twitter Has Appointed a New CEO, Elon Musk Says14 mins ago  Migrant Influx Overwhelms Southern Border as Title 42 Winds Down2 hours ago  The Executive Who Keeps Tesla Rolling Isn’t Elon Musk12 hours ago  SoftBank to Pivot Its War Chest to Investments in AI6 hours ago  Trump’s Indifference on Ukraine War Sets Stark Choice for U.S. Voters in 2024 1 hour ago  The Disney-Obsessed Pay Millions for Homes Inside This Florida Community7 hours ago  More Wives Now Outearn Their Husbands. They Also Stay Together Longer.8 hours ago Copyright ©2023 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8  Continue reading your article witha WSJ subscription Subscribe NowAlready a subscriber? Sign In Sponsored OffersTurboTax: Save up to $15 with TurboTax coupon May 2023The Motley Fool: Epic Bundle - 3x Expert Stock RecommendationsH&R Block Tax: 15% Off DIY Online Tax Filing Services | H&R Block Coupon CodeTop Resume: 10% TopResume Discount Code for expert resume-writing serviceseBay: 30% off eBay couponGroupon: 2023 Mother's Day Gifts: Up to 75% OFF + Extra 5% Off Groupon Promo Code |
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